Legal Glossary: Essential Terms for Understanding the Law

Damages

Money that a defendant pays a plaintiff in a civil case if the plaintiff has won.

Defendant

An individual (or business) against whom a lawsuit is filed.

Habeas Corpus

Meaning "you have the body." A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement.

Issue

1. The disputed point between parties in a lawsuit;
2. To send out officially, as in a court issuing an order.

Mistrial

An invalid trial, caused by fundamental error.

Panel

1. In appellate cases, a group of judges (usually three) assigned to decide the case;
2. In the jury selection process

Plaintiff

A person or business that files a formal complaint with the court.

Plea

The defendant's statement pleading "guilty" or "not guilty"

Procedure

The rules for conducting a lawsuit; there are rules of civil procedure,

Probation

Sentencing option in the federal courts. With probation, instead of individual.

Prosecutor

To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Subpoena

A command, issued under a court's authority, to a witness to appear and give testimony.

Sequester

To separate. Sometimes juries are sequestered from outside influences during their deliberations.

Venue

The geographic area in which a court has jurisdiction.

Warrant

Court authorization, most often for law enforcement officers, to conduct a search or make an arrest.

Voir Dire

Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.

Chambers

The offices of a judge and his or her staff.

Bench Trial

A trial without a jury,

Arraignment

A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty.

Appeal

A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the "appellant;" the other party is the "appellee."